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1991-12-30_Minutes 83-276 COMMON COUNCIL DECEMBER 30, 1991 At a meeting of the Common Council, held at City Hall in the City of Saint John, on Monday, the thirtieth day of December, AD. 1991, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Knibb, Landers, Rogers, A Vincent and M. Vincent - and - Messrs. P. Groody, Acting City Manager; F. Rodgers, City Solicitor; 1. Totten, Deputy Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; S. Galbraith, Director of Supply & Services; S. Bedford, Director of Community Planning; D. O'Leary, Director of Economic Development; D. Sherwood, Chief of Police; G. Ingraham, Deputy Chief of Police; R. Johnston, Deputy Fire Chief, B. Adams, Appraisal Officer; B. Steeves, Deputy Building Inspector; Mrs. M. Munford, Common Clerk; and Mrs. L. Linton, Secretary. Her Worship the Mayor offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that minutes of the meeting of Common Council, held on December 16, 1991, be approved. Question being taken, the motion was carried. On motion of Councillor Landers Seconded by Councillor Flewwelling RESOLVED that the letter from Mayor Wayne submitting a letter from The Association of Kin clubs requesting the City to place a "Message of Support" in the 72nd anniversary issue of KIN Magazine -- be received and filed and a "Message of Support" be approved. (Councillor Coughlan entered the meeting) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from Councillor Knibb regarding the need for City Police Officers and members of the Corps of Commissionaires to be present in Traffic Court as witnesses; referring to comments made by Provincial Court Judge William McCarroll regarding the Provincial Offences Procedures Act being extended to cover municipal legislation -- be referred to the City Manager, City Solicitor, Board of Police Commissioners and Cities of New Brunswick Association. Her Worship the Mayor noted that the issue has also been discussed by the Cities of New Brunswick Association. Councillor Coughlan suggested that the Police Commission address not just the overtime for court appearances, but all of the areas of overtime. Question being taken, the motion was carried. On motion of Councillor Coughlan 83-277 COMMON COUNCIL DECEMBER 30, 1991 Seconded by Councillor Knibb RESOLVED that the Board of Police Commissioners be requested to examine all areas of overtime including the present procedure for the presence of Police officers in traffic court. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 91-17 Cranston Avenue Water & Sewer Construction Nautilus Construction and Rentals Ltd. Original estimated value of work Total work done, Estimate Number 3 Retention Payments previously approved Sub-total G.ST Component Sum recommended for payment, Progress Estimate Number 3, dated December 16, 1991 Partial holdback release (Councillor M. Vincent entered the meeting) $194,065.10 173,773.11 600.00 144,673.72 28,499.39 1,864.45 28,499.39 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 90-27 Chainlink fencinQ Fundy Fencing Ltd. Original estimated value of work Total work done, Estimate Number 2 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 2, dated December 18, 1991 Final holdback release $ 26,253.10 27,166.16 21,040.13 6,126.02 Question being taken, the motion was carried. Consideration was given to a letter from the City Manager recommending that the tender for the supply of one set of replacement caps for the Model 816B Caterpillar Land Fill Compactor, be awarded to Caron Compactor Co., in the amount of $11,424.00 U.S. Funds, plus taxes. On motion of Councillor Rogers Seconded by Councillor Landers RESOLVED that the tender for the supply of one set of replacement caps for the Model 816B Caterpillar Land Fill Compactor, be awarded to Tractors & Equipment Ltd. in the amount of $14,259.91, 83-278 COMMON COUNCIL DECEMBER 30, 1991 plus taxes. Responding to a query from the Mayor, Mr. Groody advised that there is an additional cost of $473.00 for duty, making the total cost in Canadian funds of $13,610 for the bid of Caron Compactor Co. Councillor Landers noted that the difference between the two tenders is $700 and expressed the opinion that Council should limit expenditures to within the province. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that as recommended by the City Manager, the tender of Safety Supply Co., in the amount of $19,460.90, be accepted for the supply of 10 air paks. Councillor Rogers questioned why Scott Air Paks are preferable and was advised by Deputy Fire Chief Johnson that the Fire Department is presently equipped with Scott Air Paks, they have the facilities to repair them, personnel trained to repair them and if they purchase a different type of air pak the personnel would have to be retrained, the department would have to carry parts and equipment to carry out the repairs; and overall it would be extremely costly to get into another type of air pak. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the tender of Pro Woodworking Enterprises Ltd., in the amount of $259,294.18, be accepted for the construction of an interpretation center at Rockwood Park, and that the Mayor and Common Clerk be authorized to sign the necessary contract documents. Responding to a query from Councillor Fitzpatrick, Mr. Groody advised that all companies who have submitted tenders are Saint John firms. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of Saunders Equipment for two one-man refuse packers, be accepted as indicated in the submitted bid summary. Responding to a query from Councillor Rogers as to the variations which resulted in a cost of $23,000, Mr. Galbraith advised that the low bid was a stock unit which had many variations to what had been specified in the tender and outlined the differences. Question being taken, the motion was carried. Consideration was given to a letter from the Acting City Manager advising that the City is currently making the final decisions with respect to its 1992 Operating and Capital Budgets and it is anticipated that both will receive Council's approval on January 13, 1992; however, there is a two-week period during which the City and anticipated related organizations will be operating without an "approved budget" and recommending adoption of the submitted resolution in this regard. On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that the following resolution be adopted, namely: 83-279 COMMON COUNCIL DECEMBER 30, 1991 WHEREAS the 1992 budgets for the City of Saint John have not been approved; AND WHEREAS there are some day-to-day matters controlled by the general approval of the budget: NOW THEREFORE BE IT RESOLVED that the City Manager be authorized to approve purchases up to the value of $12,500 where provision for same is normally contained in the budget which has not been approved: AND BE IT FURTHER RESOLVED that approval be given for the weekly payroll for civic employees: AND BE IT FURTHER RESOLVED that the Commissioner of Finance be authorized to disburse funds to commissions and organizations which, in his opinion, would ensure the continued economic and efficient day-to-day operation of these commissions and organizations during this two-week period. Moved in amendment by Councillor Flewwelling Seconded by Councillor Landers RESOLVED that a list be compiled of all monies paid out pursuant to the above resolution and be made available to Council before the 1992 budget is approved. Mr. Totten noted that the payments made between now and January 13 will include a number of items which Council has already approved or for which purchase orders were issued in November and December. Question being taken, the amendment to the motion was carried with Councillor M. Vincent voting "nay". Question being taken, the motion, as amended, was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from the City Manager advising that on October 22, 1991 the Planning Advisory Committee considered an application for a "temporary approval" under the Zoning By-Law for the property at 25 Cathline Street to be used as a commercial woodlot for a period of no more than six months and that the application was denied; that all of the property at 25 Cathline Street is located in a "RS-1" One- and Two-Family Suburban Residential zone and a woodcutting operation is not permitted within this zone; that Cathline Street was proposed as the only access to the subject property for the trucking of the logs from the site; at the request of Council, staff has discussed with the applicant the possibility of finding an alternate access route to the subject site for the woodcutting operation and the applicant has indicated that he would be able to access the subject site through the adjacent property (NBGIC 311142) and is preparing to re-submit an application to the Planning Advisory Committee -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Flewwelling RESOLVED that the letter from the City Manager regarding the extension of existing canteen license agreements in Rockwood Park be withdrawn from the agenda. Her Worship the Mayor advised that there is additional information to be considered with respect to changes at the Lily Lake Pavilion. Question being taken, the motion was carried. 83-280 COMMON COUNCIL DECEMBER 30, 1991 Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Lynwood Randall regarding property at 239 King Street West have been completed and that the required waiting period for objections expired on December 25, 1991 and no written objections have been received. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the application of Lynwood Randall for a Municipal Plan amendment and re-zoning of property at 239 King Street West be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on February 3, 1992. Question being taken, the motion was carried. Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Ambassador Glass Ltd. regarding property at 40 Adelaide Street have been completed and that the required waiting period for objections expired on December 25, 1991 and no written objections have been received. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the application of Ambassador Glass Ltd. for a Municipal Plan amendment and re-zoning of property at 40 Adelaide Street be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on February 3, 1992. Question being taken, the motion was carried. Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of The City of Saint John regarding property at 41 Manchester Avenue have been completed and that the required waiting period for objections expired on December 25, 1991 and no written objections have been received. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that the application of The City of Saint John for a Municipal Plan amendment and re-zoning of property at 41 Manchester Avenue be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on February 17, 1992. Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on December 16, 1991, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, 83-281 COMMON COUNCIL DECEMBER 30, 1991 Flewwelling, Gould, Knibb, Landers, Rogers, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the Nominating Committee, John A. Comeau be re-appointed to the Preservation Review Board for a term of three years effective January 1, 1992. 2. That as recommended by the Nominating Committee, AI H. Bennett be appointed to the Board of Directors of Saint John Non-Profit Housing Inc. for a term to expire September 30, 1993. 3. That as recommended by the Nominating Committee, Councillor Knibb (Chairman), Councillor Fitzpatrick and Councillor A. Vincent be re-appointed to the Appeals Committee on Water and Sewerage Rates for the year 1992. 4. That as recommended by the City Manager, the lease to Carol Fox for the premises at 112 Prince William Street be assigned to Angela Grew as of January 1, 1992, subject to all rental payments being current as of that date. 5. That as recommended by the City Manager, Mr. Ellis Levine of Re/Max Professionals (1989) Ltd. be advised that the City has no interest in the acquisition of the property on Red Head Road identified as NBGIC Number 55067458. 6. That as recommended by the Acting City Manager, (1) land on the western side of Church Avenue, shown as Parcel "E" on a plan entitled topographic Survey Plan of Properties at the corner of Church Avenue and Manawagonish Road prepared by Fulton Surveys Ltd., be transferred to Imperial Oil Limited in exchange for sufficient land at the corner of Church Avenue and Manawagonish Road to remove the encroachment of the road and sidewalk from Imperial Oil's property; (2) Imperial Oil Limited will be responsible for all costs associated with the exchange; and (3) the exchange not take place until Imperial Oil has acquired the Orange Lodge property. 7. That a committee be formed to re-establish Participaction Day in the City of Saint John. 8. That the following persons be appointed to the 1992 Saint John Participaction Committee:- Marlene Vaughan, Don O'Leary, Terry Moore, Jack Saunders, Myrna White, Linda Horsman, Betty Huttges, Bob Reynolds, a representative from the Irving group, Councillor Kathy Rogers, and Debbie Murray. 9. That as recommended by the City Manager, the City of Saint John serve the appropriate legal notice on or before December 31, 1991, to the New Brunswick Fish & Game Protective Association (Saint John Branch) Inc. to vacate premises in the Lily Lake Pavilion by April 30, 1992. 10. That as recommended by the Acting City Manager, the Establishment for the City of Saint John be amended in the following manner:- (1) add one Hydrant Repairman in the Water and Sewerage Department; and (2) delete one Catch Basin Cleaning Machine Helper in the Water and Sewerage Department, upon retirement of the incumbent. December 30, 1991, Saint John, N.B. Respectfully submitted, Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Coughlan 83-282 COMMON COUNCIL DECEMBER 30, 1991 RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Flewwelling RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Coughlan RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Flewwelling RESOLVED that section 6 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Davis RESOLVED that section 7 of the above report be adopted. Her Worship noted the Participaction Day event will be part of the 125th anniversary celebrations of Canada and outlined the changes made whereby gold, silver and bronze medals will be awarded based on the percentage of citizens participating in the event. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Coughlan RESOLVED that section 8 of the above report be adopted. Question being taken, the motion was carried. (Councillor A. Vincent entered the meeting) On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that section 9 of the above report be adopted. 83-283 COMMON COUNCIL DECEMBER 30, 1991 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that section 10 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from Professional Secretaries International, Saint John Chapter, expressing support of the Marco Polo Project Inc. -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor A. Vincent RESOLVED that the letter from Mr. Dan Driscoll regarding the procedure for issuing parking tickets -- be referred to the Parking Commission to review their rules of procedure. Councillor Coughlan suggested that the Parking Commission be invited to speak to Council to address the improvements they have made in the parking areas uptown. Councillor M. Vincent asked if it could be determined if the commissionaire who issued the ticket is located at the site at all times. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from the Director of the University of New Brunswick Art Centre regarding replacement of the sculptural work "Progression" by Claude Roussel on the Saint John City Hall building and submitting a list of achievements of Mr. Roussel -- be received and filed. Her Worship the Mayor noted that the City has received a number of letters from the art community and they have been advised that the sculpture has to be removed to repair the roof and no final decision has been made. Question being taken, the motion was carried. Her Worship the Mayor extended New Years' greetings to the members of Council and the citizens of Saint John and invited everyone to the New Year's Day Levee being held at City Hall. On motion of Councillor A. Vincent Seconded by Councillor Flewwelling RESOLVED that an expression of sympathy be extended to the family of the late Kenneth E. Walls. Question being taken, the motion was carried. On motion of Councillor A. Vincent Seconded by Councillor Coughlan RESOLVED that an expression of sympathy be extended to John Shackleton and his family on the passing of his mother. 83-284 COMMON COUNCIL DECEMBER 30, 1991 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk